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Vehicles Covered:
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Vehicles registered as passenger vehicles, trucks
that are ¾ ton or less, and multi-purpose vehicles. Motorcycles are explicitly
covered. Excludes motor homes.
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Persons Covered:
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Purchasers, transferees during express warranty
period or any person entitled to enforce the warranty.
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Period Covered:
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Whichever is first: 15,000 miles or 15 months
from date of delivery.
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Notice Requirement:
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(a) Dealer – shall notify the manufacturer of
the existence of a nonconformity, defect or condition within 7 days after
the forth attempt at the same repair, or when the vehicle is out of service
for one or more nonconformities for a cumulative total of 20 days; notice
of procedure of reporting defect must be conspicuously disclosed to consumer
in writing at time of sale or delivery of vehicle; b) Consumer – written
notice by certified mail to manufacturer or factory branch; opportunity
to cure.
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Repair Requirements:
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It is presumed that a reasonable number of attempts
have been made if the same nonconformity has been subjected to four or
more repairs, or the vehicle is out of service for a cumulative total
of 30 or more calendar days, or a braking of steering system failure is
subjected to at least one repair attempt that is unsuccessful.
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Affirmative Defenses:
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The nonconformity does not significantly impair
the use or market value of the vehicle, or is the result of abuse, neglect,
or any unauthorized modifications or alterations.
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Replacement/Refund:
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At the consumer's option, the manufacturer shall
replace with a comparable vehicle acceptable to the consumer, or refund
the full purchase price less a reasonable allowance (defined).
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Other Reimbursement:
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Refund of the purchase price including taxes
and fees.
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Other remedies:
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There is no limit on other consumer remedies.
Plaintiff may recover reasonable attorney fees. A violation is an unfair
and deceptive trade practice.
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Arbitration:
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For remedies under this section, a consumer
must use the informal dispute procedure established by the manufacturer
provided the procedure complies with 16 C.F.R.703.
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Resale of Lemon:
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Full disclosure required.
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